JUDGMENT :

J.B. PARDIWALA, J.

1. This First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) is at the instance of an unsuccessful plaintiff of a civil suit and is directed against the judgment and decree passed by the 2nd Additional Senior Civil Judge, Surat, dated 19th June 2021, in the Special Civil Suit No.208 of 2017, by which the suit filed by the plaintiff for specific performance, declaration and injunction came to be dismissed.

2. The facts giving rise to this Appeal may be summarised as under :

3. For the sake of convenience, the appellant herein shall be referred to as the plaintiff–vendee and the respondent herein shall be referred to as the defendant–vendor.

4. The plaintiff-vendee and the defendant-vendor entered into a registered deed of agreement for sale dated 7th October 2016 with respect to the Final Plot No.90/2 of the Town Planning Scheme No.7 (Vesu-Magdalla).

5. The true English translation of the deed of agreement for sale reads as under :

“This Deed of Agreement for Sale (Sata Khat) without Possession is executed in favor of